The URL can be used to link to this page

Home My WebLink About1.0 ApplicationDate r APPLICATION ST'BCIIU,/EEE-E* USE PERI,TIT June 24, 'l 992 Fasching Haus, Inc. D/B/A nL. Sopris Inn: Barbara Faschino. President AooI lcant : P .0. Box 1 26 , Carbondal-e , C0 81623 Special/Conditional Use !Resort Appllcant r Address of Legal Description:See attached Practl-cal Description ( locatlon wlth respect to highways' county roads, and resldences) I 0165 County Road 118, Qefbondale. C0 (1 mile - Requl-rements:- 1. Pl.ans and speclf i cations for proposed use (horrrs of operatl-on, no. of vehlcles/day, location and size of structures, etc. ) . 2. Existing or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explaln proposed use. 3. A vicinity nap drawn to scale depicting l-he subJect pr:operty, location, and use of building and structures on adJacent lots. 4. An-l-mpact statement on the proposed use where requLred by Sections 5.03-5.03.12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a f-isting of aII adJoining properLy owners of said property. 5. A base fee of $- shall be charged for each appllcatlon and shall be submitted with the application, additional charges may be imposed If County review costs exceed the base fee.7. ALtach a copy of proof of ownershlp for your property (deed, .title insurance) . If publtc notl-ce ls required, notice provided by the Planning Department shall be sent oul- at least five (5) days prior to hearing by return-recelpt nrail to atl the above noted adJoitting property owners. Mailing .[s the appllcant's responstbilt.ty and proof of m;rlling must be presented at ttre hearing. Additionally, the aame notice shall be published one (1) time in the officlal County new$,paper at least f.ifteen (15) days prior to such hearingdate. Applicant shall belar ttre cost of publication and be responslble for presenting the "Proof of Publicatl-on" at tlre hearlng. The above l-nformatlon ls correct to the best of my knowledge. Applicant: Barbara Faschi o ATTACHMENT TO: APPLICATION SPECIAL/CONDMONAL USE PERMIT I-egal Description for: Mt. Sopris Inn 0165 County Road 118 Carbondale, CO 81623 Tract of land located in Lot 2 of Section 10, Township 8 South, Range 88 W. of 6th P.M. Described as follows: Beginning at a point from which the NO. 1/4 corner of Section L0, Township 8 SO., Range 88 W. of 6th P.M, bears N. 49" 05' W. 599.7' thence S. 78' 13' 8.736 feet; more or less to center of Crystal River thence Southerly along center of Crystal River '172' more or less, to a point; thence SO. 80' 49' W. 697' more or less, thence N. 40' l7'8.1024.22'to place of beginning. P3s0-01 (P350_03A)e2 AITACHMENT TO APPLICATION FOR SPECIAL USE PERMIT MT. SOPRIS INN LIST OF ADJACENT PROPERTY O\ilNERS Perry Sopris Ranch Partnership, Ltd. 0163 County Road 118 Carbondale, CO 81623 Colorado Division of Wildlife Crystal River Fish Hatchery W2957 Highway 133 Carbondale, CO $rcn r-lIJ ATTACHMENTTO: APPUCATION SPECTAL/CONDmONAL USE PERMTT kgal Description for: Mt. Sopris Inn 0165 County Road 118 Carbondale, CO 81623 Tract of land located in lot 2 of Section lQ Township 8 South, Range 88 W. of 6th P.M. Described as follows: Beginning at a point from which the NO. lf4 corter of Section 10, Township 8 SO., Range 88 W. of 6th P.M, bears N. 49.05' W. 599.7'thence S. 78.13' E. 736 feet; more or less to center of Cryrstal River thence Southerly along center of Crystal River 772' more or less, to a point; thence SO. 80" 49' W. 697' more or less, thence N.40" t7'E,.1V24.?2'to place of beginning. ---- '' ) \,u/ |\^ L^\:tr, "'YiZi=hV,, - ENARTECH lnc. --- CONSUTITNG ENGTIVEERS/4rvD HYDFOLOGTSTS ^C. urrnnooi"';i,fr/j!,Tlf3,noor,* (so(t) 9.tU2236 J \-z>: MT. SOPRIS INN LOCATION MAP -{a'! (.'.---a N\ v-\./ \ ll Ni-t llr,,,,"\ ilwa'r+,fl ii"-ri "il tij '-.//z *'/. )Itt: /)'Y,/ , l , // -+-.'./ / 'r -t/'). ,a' \""'=-ll;tN\rr . 1,., /--7, ,N 6\\ \.r \ -i\vlu'---\ ( Lr=,/ \\'. ' Z--:\\\\\ '.. -o -\="='"\L \\ tt\\\\\6'; \ -\-_-,2- -- _i ./ ,.00-. , ,b" / erzt --i\ ilo ll il ll ll lt il il il il-fl\ ilI '.{t rt [\[\r\ \ '"'a.\ Nr. \t '. 633 t'. -r1." N..- t;r\\ i \\ \==. \-__\ '.."=_ \y,A_ ,-\ (f.,i '.---*d =\\ % _ , \* ,t, .=-*",]:t%, I --- .'-z-\s':.^\ \aa ../- )' . ll llilll _tli -" u;a)zsS\ : ---'ri ti-*--- 6a4 -) .-J DAVID R. STURGES, P.C. AT'TORNEY AT I.,AW 710 COOPER AVENUE, SUITE 2OO P.O. BOX 101 GLENWOOD SPRINGS, coLoRADO 81602-0101 July 17,1992 Garfield County Board of Commissioners 109 8th Street, Room 301 Glenwood Springs, Co 81601 RE: Request for Special Use Permit/ Resort/Under 48 Fasching Haus, Inc. dlbla Mt. Sopris Inn I'ELEPHONE (303) 945-5748 (303) 945-8659 FAX (303) 945-8671 I-egil Description: A tract of land located in Lot 2, Section 10, T8S, R88W of the 6th P.M.; located approximately ll2 mile south of Carbondale at 0165 County Road 118. Dear Commissioners: On behalf of Fasching Haus, Inc. d/b/a Mt Sopris Inn, Barbara Fasching, President, the owner of the Mt. Sopris Inn property just out side of Carbondale, I request that the Board approve a Special Use Permit for the Mt. Sopris Inn as a "Resort", as defined in Section 2.02.448, within the Agricultural/Residential/ Rural Density Zorre, as provided in Section 3.02 of the Garfield County Zoning Resolution. The company's permit application is for the property it owns, known as the Mt. Sopris Inn, which is located entirely in Garfield County. Fasching Haus, Inc. is a Colorado corporation and is presently a corporation in good standing, as provided by Colorado law. Mt. Sopris Inn encompasses 14 .5 acres and is currently approved for a bed and breakfast use (conditional use permit authorized June 17, 1991, under Garfield County Resolution No. 91-054). I respectfully request the Board to favorably consider this application and issuance of a Special Use Permit for the Mt. Sopris Inn. Should you have any additional questions or comments, please contact Peter Belau of ENARTECH, Inc. at 945-2236. As I will be recuperating from some surgery on July 31, you may contact in my absence either Glenn Chadwick and Susan Snyder at945-8659. David R. Sturges, P.C. I o G,6 o o o3 Eo-!to -9A Eoo U'Iatl u.rlEIAIol<t zlEI DIFIuI !El 3o I rstum4his card to You. I . Attach this form to the front of the mailpieie, or on the back if space I 1' U Addressee's Address doos not permit. I. Write "Return Receipt Requestsd" on the mailpiece below the article number'l 2. n Restricted Delivery. Th6 Return Receipt will show to whom the article was deliversd and the date I,6r;r,^,6i I Consult postmaster for fee. I l I I I i i { I I I I I I I I d(, oo CL o(,oE tr 3 oG oco o o Jc6 F e; .g oo EL oIJoG g 3 oE EDtr 03 0 o Ic6 F (Only if requested Tvpe4b.il Addressee's Address and fee is paid) 3, Article Addressed to: CoTANJ\ldls/on Dtr LJI;"'bLl trE ZRq"-*.-R rD E/e trrsH A*vc+tery1 o&o"f \-\tcHorld )33 - Cleeo.',:nte, Co g)&43 4a. Article Number 6. -PS 4b. Service Tvoe ! Registered tr lnsured SCertified E coo n Express Mail E !.et-up^ReceiPt for 8. Addressee's Address (Only if requested and fee is paid) I also wish to receive the foilowing services (for an extra fee): 1. n Addressee's Address 2. n Restricted DeliverY 4a. Article Number 3 op o oIA o o oE, coto .gc Eo(, ololurlEIolol<t 2lEI:}FIurlrcl =o I . 'plste items 1 snd/or 2 for sdditional servicss. . ,plgte items 3, and 4a & b. o Print your name and addresg on tho revarse of this form 3o that we can rsturn this card to You'. Attach this form to tho front ot ths mailpisc6, or on the back il space doos not permit. o Write "Return Receipt Roquestsd" on the msilpiece bslow th6 articl€ numb6t . The neturn Roceipt will show to whom the articlo wa3 daliversd and tho dato 3. Articl€ Addressed to: -loaE'ltE n:# ^^".s0 @-rs-R n ncrr ;to- Dtb-3 c.P-\tV (JY D lnsureo tr coo CnegD^\sLE, Co ( )be3 E expre]s ruail fl f.e^t-ur1-Rec-eipt for , December 1991 * u.s.G.P.o.: 1992-307-530 DOMESTIC RETURN RECEIPTPS Form of i lro * U.S.G.P.O. : 1992-307-530 710 COOPERAVENUE, SUITE 2OO P.O. BOX 101 GLENWOOD SPRINGS, coLoRADO 81602-0101 DAVID R. STURGES, P.C. AT1IORNEYAT I,AW *,7 TELEPHONE (303) 945-5748 (303) 945-8659 FAX (303) 945-8671 April 8,1993 Mr. Mark BeanGarfield County 109 8th Street, Room 303 Glenwood springs, CO 81601 RE: Mt. Sopris Inn SUP Application Dear Mark: Pl-ease refer to my letter of october 12, l9g2 on this aboveidentified matter. As was noted in_ that previous retter Bob and Ditty perry of theMt. Sopris Ranch had expressed some concerns to me and i believethey have also noted these concerns to the Board of countycommissioners concerni-ng the special use permit appllcationsought by my client, Barbara Fasching. My client and I have had numerous discussions wj-th the perry,s and their counsel, Dan Kerst, or these matters as originalr|proposed in my letter to you dated october 12, 1992. -r believewe have final-1y reached a mutually acceptable settlement of theseterms. This settlement is to be partially impremented in themutual executi-on of the attached Non-Exclusiv-e Access Easementwhich shoul-d resolve any further questions concerning my client's1-eoa1 right of access to her property off of county i.oao 119.The remaining two issues of concern in thls settleirent are to beimplemented as two speclfic terms of condition to be attached to lnq special Use Permit application that is currently pendingbefore the county commissioners. r am proposing trrit- these twomatters be covered with the following language of specific termsof conditions: 1. The Mt. Soprls fnn wil-l use outdoor lighting fixtureswhich will direct the lighting down to cover the ground but whichwill not create any glare which substantially int6rferes with theexisting use and enjoyment of adjoining property or which createsa public nuisance. 2. The Mt. sopris rnn shal-I fence where appropriate andprovide signage which wirl identify the property-:-ini: of the Mt.sopris rnn and requesting its guests not to trespass on anyadjoining private property. _r have provided- a copy of this proposed language to Bob perry andDan Kerst for their review and approval. Aitaahed to this 16tteris Bob Perry's signature indicating hls acceptance of these specific settl-ement terms. I will be attending the next schedulepublic hearing on this matter before the Commiisioners at 4:00 PMon next Monday, April 12, 1993, to answer any questions that theCommissioners may have. If you have you for your Sincerely yo any questions, piease contact me right away. Thankattention and cooperation on this matter. Lrd. olo;U, oa\riO nYs TERMS ACCEPTED: Barbara Fasching P.O. Box 126 Carbondale, CO 81523 Mr. and Mrs. Robert Perry 0163 County Road 118 Carbondale, CO 81623 Dan Kerst, Esq. Schenk, Kerst & DeWinter 302 Eight Street, Suite 310 Glenwood Springs, CO 81501 Don DeFord, Esq. County Attorney's OfficeGarfield County Courthouse 109 8th Street, Room 301 Gl-enwood Springs, C0 81601 yours urges, Sopris Partnership, M. Perry,Partner artner NON-EXCLUSIVE ACCESS EASEMENT THIS EASEMENT, granted this day of April, 1993, betweenthe PERRY SOPRIS RANCH PARTNERSHIP,--fTD. (Grantor) , whose legaladdress is 0163 County Road 118, Carbondale, of the County ofGarfiel-d and State of colorado, and FASCHTNG HAUS, rNC. d/b/a MT. SOPRIS INN, (Grantee), whose legal address 1s 0165 County Road118, Carbondale, of the County of Garfiel-d and State of Colorado. WITNESSETH, for and in consideration of mutual good andvaluable considerations paid, the receipt and sufficiency ofwhich is hereby acknowledged, Grantor does hereby grant, bargaj-n,sel-l and convey to the Grantee a non-exclusive access easementover upon, and across the following described parcel of real_property situated in the County of Garfield, State of Colorado towit: A 30.00 foot wide strlp of land situated in Lot 2, Section10, Township B South, Range 88 West of the Sixth principal Merj-dian, County of Garfield, State of Colorado; said parcellying 15.00 feet on each side of the fol1owing describedcenterl-ine. Beginning at a point on the southerly line of that parcel ofland described in Reception No. 393063 of the GarfleldCounty Clerk and Recorder's Office, whence the southwestcorner of said parcel bears S.80"54,27',W. 436.08; Thence82.20 feet along the arc of a curve to the l-ef t having aradius of 725.00 feet, a central- angle of 3'r." 40'40" (chord bears s.l2o50'20"w. 90.73 feet); Thence s.06o00'00"E. 23.64feet; thence 61.88 feet along the arc of a curve to the lefthaving a radius of 60.00 feet, a centra1 angle of 64"49'06"(chord bears S.38"24'33"8. 64.32 feet) to a point on thecenterline of County Road No. 118 as currently constructedand in p1ace, the terminus. Sald easement granted herein is for access extending fromthe terminus of Garfield County Road 118, a/k/a the Mt. soprisRanch Road, to the southerly boundary of Grantee's property whereit joins the driveway over Grantee's property to Grantee's mainparking area. Said easement shall be thirty feet in width,extending fifteen feet on either side of the centerl-ine of theexisting roadway. Grantor hereby acknowl-edges that Grantee has previouslyconstructed a roadway over this access easement at the priorrequest of the Grantor in consideration of Grantee's abandonmentof a an easement of necessity over Grantor's property toGrantee's property. g"t rJ * toild +CI &Cc ( - h be bleud b'\ ?w(w !^/& (fru,(W +d qturryh Grantee shal] be entitled to fence theto irrstail- a cattle guard or gate in the acsucll fencing, cattle guard or gate will bethe main access road extending to Grantor'sin addition wil-I provide adequate fencing anproperty line and request 1ts guests not toadjoining private property. Grantor reserves the right to close the access road at a point just southerl_y of theGrantee's driveway when required for the molivestock but in no event wou]d the closurehours during any day and such closures woul_dsix times in any year. The Grantee shall- place two, but not mothe Grantor's property for purposes of directhe Grantee's property. The Grantor and Granwith the appropriate authorities for the insmaintenance of speed management devices andassure maximum safety for al_l residents andproperties with regard to vehicular traffic. TO HAVE AND TO HOLD the same together wthe appurtenances and privileges thereunto bthereunto appertaini-ng, to the only proper u advantaqe of the Grantee, its successors and IN WITNESS WHEREOE, the Grantor has her and seal the day and year first above writte Perry Sopris Ranch Grantor ccess easement andss easement. No aced on any part ofesidence. Grantee signage of its respass on any gate across the mainintersection of ng or working offor more than twonot occur more than e than two signs, o[ing the public to ee shall cooperateall-ation andigns as necessary touests of the th all and singularlonging or in anlrwaye, benefit and assigns forever. unto set its hand artnership, Ltd. ACCEPTED: Barbara Fasching, Presj-dent Fasching Haus, Tnc. d/b/a ML Ro ert erry,era Partner Rut B. Perry, Gene artner thi s day of April, 1993 Sopris Inn DAVrD R. STURGES, P.C. ATTORNEY AT LAW 710 COOPERAVENUE, SUITE 2OO P.O. BOX 101 GLE}WOOD SPRINGS, coLoRADO 81602-0101 October 12, 1992 Mr. Mark Bean Garfield County 109 8th Street, Room 303 Glenwood springs, CO 81601 RE: Mt. Sopris Inn SUP Application Dear Mark: Ev/ Commissioners Barbara Fasching. as conditions Bob Perry of the Mt. Sopris Ranch has expressed some concern to me on September 4th and I believe he has also noted these concerns to the Board of concerning the Special Use Permit application sought by my cl Bob and I have discussed these matters which I believe can be to the Special Use Permit. I am proposing that these matters conditions: covered with the following 1. The Mt. Sopris Ranch acknowledges the on their property to the benefrt of the land now owned by the Mt. Sopris which provides the access from CR 118 alklal Mt Sopris Ranch to the property line of the Mt. Sopris Inn which will serve as the public property. The Mt. Sopris Inn acknowledges that road to its property will be abandoned to the pri Ranch. to the Mt. Sopris Inn existing public access use of the Mt. Sopris 2.The Mt. Sopris Inn will use outdoor lighting which will direct the create any glare whichlighting down to cover the ground but which will substantially interferes with the existing use of ad ng property or which creates a public nuisance. 3.The entrance to the Mt. Sopris Inn will have signage to direct the public to its property. The Mt. Sopris Inn and Mt. Sopris Ranch will cooperate with the appropriate authorities to have management devices and signs installed which wil appropriate speed provide maximum safety to all residents and guests from vehicular traffic. 4.The Mt Sopris Inn shall fence where appropriate provide signage which will identify the property line of the Mt. Sopris not to trespass on any adjoining private property. n and requesting its guests n\-/ I have provided a copy of this proposed language to Bob Perry who hopes to be able to make this afternoon's 3:00 pm public hearing. I have suggested to Mr. Perry that if he or some other representative cannot make this hearing that I would ask the Board, if they were satisfied with this application, to vote "in principle" for the SUP on the condition that the language of these conditions is agreed upon by these parties. If the parties cannot reach some subsequent agreement, then this SUP application will be scheduled for another public hearing. I have done my best to provide some language that these parties and the County can approve. However, I must caution all of us not to get into a Cherry Hills case decision posture whereby a permitting authority is, by a condition of approval, requiring a permit applicant to satisfy all the concerns of some adjoining landowner. Thank you for your attention and cooperation on this matter. Sincerely yours, A*-4 David R. Sturges,